The French referendum on the Treaty establishing a Constitution for Europe was held on 29 May 2005 to decide whether France should ratify the proposed Constitution of the European Union. The result was a victory for the "No" campaign, with 55% of voters rejecting the treaty on a turnout of 69%.
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.
The Treaty establishing a Constitution for Europe was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded Qualified Majority Voting into policy areas which had previously been decided by unanimity among member states.
The question put to voters was:
France was the first country to reject the treaty, and the second country to go to the polls in a referendum on ratification, after a Spanish referendum approved the treaty by a wide margin in February 2005. France's rejection of the Constitution left the treaty with an uncertain future, with other EU member states pledging to continue with their own arrangements for ratification.
National referendums on the European Constitutional Treaty |
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Superseded by the Treaty of Lisbon (2007) |
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President Jacques Chirac's decision to hold a referendum was thought in some part to have been influenced in part by the surprise announcement that the United Kingdom was to hold a vote of its own, though it was also widely commented that the expected easy victory would also be an expression of confidence in the President. Moreover, it would do much to cement his legacy as a French statesman. It would also have a divisive effect on the opposition Socialist Party. [1] Although the adoption of a Constitution had initially been played down as a 'tidying-up' exercise with no need for a popular vote, as increasing numbers of EU member states announced their intention to hold a referendum, the French government came under increasing pressure to follow suit.
Jacques René Chirac is a French politician who served as President of France and ex officio Co-Prince of Andorra from 1995 to 2007. Chirac previously was Prime Minister of France from 1974 to 1976 and from 1986 to 1988, as well as Mayor of Paris from 1977 to 1995.
The date was announced on 4 March 2005. Opinion polling had shown the "Yes" and "No" campaigns in the lead at various times, but in the weeks leading up the referendum the "No" campaign consistently held the lead. This led many, even some on the "Yes" side, to predict openly that France would reject the Constitution. [2]
On 1 December 2004, the opposition Socialist Party held a vote among its members to determine the stance it would take. The issue of the Constitution had caused considerable divisions within the party, with many members—although broadly in favour of European integration—opposing the Constitution for reasons including a perceived lack of democratic accountability, and the threat they considered it posed to the European social model. The "Yes" side was led by party leader François Hollande while the "No" side was led by deputy leader Laurent Fabius. A former prime minister of France (1984–1986), Laurent Fabius traditionally on the center right of the Socialist Party opted for the No to the Constitution, switching to the left of the party. For many commentators, this paradoxical move was a gamble to get the upper hand within the party before the next presidential elections, in case of success of the No vote. [3]
The Socialist Party is a social-democratic political party in France and was, for decades, the largest party of the French centre-left. The PS used to be one of the two major political parties in the French Fifth Republic, along with the Republicans. The Socialist Party replaced the earlier French Section of the Workers' International (SFIO) in 1969, and is currently led by First Secretary Olivier Faure. The PS is a member of the Party of European Socialists (PES), the Socialist International (SI) and the Progressive Alliance.
The European social model is a common vision many European states have for a society that combines economic growth with high living standards and good working conditions. Historian Tony Judt has argued that the European social model "binds Europe together" in contrast to the 'American way of life'.
François Gérard Georges Nicolas Hollande is a French politician who served as President of the French Republic and ex officio Co-Prince of Andorra from 2012 to 2017. He was previously the First Secretary of the Socialist Party from 1997 to 2008, Mayor of Tulle from 2001 to 2008, and President of the Corrèze General Council from 2008 to 2012. Hollande also served in the National Assembly of France twice for the department of Corrèze's 1st constituency from 1988 to 1993, and again from 1997 to 2012.
Within the Socialist Party, out of 127,027 members eligible to vote, 59% voted "Yes", with a turnout of 79%. Out of 102 Socialist Party regional federations, 26 voted "No".
The Constitutional Council of France ruled that the European Constitution could not legally coexist with the current Constitution of France. For that reason, a vote was taken to amend the Constitution of France to make the two documents compatible.
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then the constitution has been amended twenty-four times, most recently in 2008.
This amendment passed in an extraordinary joint session of deputies and senators at the Palace of Versailles on 28 February 2005, with 730 votes in favour and 66 votes against, with 96 abstentions. Both the ruling party and the Socialists supported the constitutional amendment. Communist Party members were the only ones to vote against it. [4]
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Initial opinion polls showed a clear majority in favour of the Constitution, but public opposition grew over time. By May, the "Yes" campaign's lead was smaller than the opinion pollsters' margin of error.
The three major political forces in France (UMP, PS and UDF) supported the proposed Constitution, as did president Chirac. Supporters of the Constitution from the left sought to emphasise that the treaty incorporates a Charter of Fundamental Rights and thus helped to secure the future of the European social model. Somewhat surprisingly considering his usual political orientation, Jacques Chirac defended it as a possible barrier against neoliberal economic policies.
Objections to the Constitution in France can be broadly divided into two camps. On the left, many expressed the view that the Constitution would enforce a neoliberal economic model. Among those were some members of the Socialist Party who dissented from the party's stance as decided by its internal referendum, some members of the Green Party (though the party's official policy was also to support ratification), the Communist Party and the Citizen and Republican Movement - a small party allied to the Socialist Party. The Radical Party of the Left, another ally of the Socialist Party, was divided on the question: its main representatives were for the Constitution, while Christiane Taubira, who was candidate for the PRG in 2002, was against it.
Other parties of the hard left, such as the Trotskyist Revolutionary Communist League and Workers' Struggle, as well as associations like ATTAC and trade unions such as the CGT or SUD opposed ratification. These critics sought to link the Constitution to the proposed directive on services in the internal market, which is widely opposed in France.
There were also prominent opponents of the Constitution from the right, notably Nicolas Dupont-Aignan (a Gaullist) and Philippe de Villiers (of the Movement for France), and from the extreme right, Jean-Marie Le Pen of the National Front, who opposed the Constitution on the grounds that France should not be part of any institution whose decisions can take precedence over what is decided in France at a national level. Another factor in the defeat of the Constitution may have been the linking of the Constitution in the minds of voters with the possibility of the accession of Turkey to the European Union, with which most of the French population disagrees.
Choice | Votes | % |
---|---|---|
15,449,508 | 54.67 | |
Yes | 12,808,270 | 45.33 |
Valid votes | 28,257,778 | 97.48 |
Invalid or blank votes | 730,522 | 2.52 |
Total votes | 28,988,300 | 100.00 |
Registered voters and turnout | 41,789,202 | 69.37 |
Source: French Minister of the Interior |
Département | For | Against | Electorate | Votes | Valid votes | Invalid votes | ||
---|---|---|---|---|---|---|---|---|
Paris | 532,040 | 268,617 | 1,084,114 | 813,783 | 800,657 | 13,126 | ||
Seine-et-Marne | 225,904 | 278,308 | 733,535 | 515,100 | 504,212 | 10,888 | ||
Yvelines | 353,085 | 240,020 | 836,989 | 603,361 | 593,105 | 10,256 | ||
Essonne | 236,408 | 243,221 | 685,325 | 489,493 | 479,629 | 9,864 | ||
Hauts-de-Seine | 358,968 | 220,915 | 826,795 | 590,084 | 579,883 | 10,201 | ||
Seine-Saint-Denis | 150,848 | 241,151 | 637,385 | 400,193 | 391,999 | 8,194 | ||
Val-de Marne | 229,880 | 229,921 | 684,036 | 468,400 | 459,801 | 8,599 | ||
Val-de Oise | 191,269 | 219,831 | 616,343 | 419,287 | 411,100 | 8,187 | ||
Ardennes | 47,478 | 80,125 | 192,179 | 130,267 | 127,603 | 2,664 | ||
Aube | 56,807 | 75,345 | 196,136 | 135,355 | 132,152 | 3,203 | ||
Marne | 113,948 | 131,988 | 370,728 | 251,129 | 245,936 | 5,193 | ||
Haute-Marne | 39,795 | 55,921 | 141,073 | 98,157 | 95,716 | 2,441 | ||
Aisne | 85,475 | 171,616 | 366,193 | 262,564 | 257,091 | 5,473 | ||
Oise | 134,591 | 223,129 | 513,072 | 364,718 | 357,720 | 6,998 | ||
Somme | 95,893 | 192,968 | 400,004 | 295,053 | 288,861 | 6,192 | ||
Eure | 100,447 | 170,308 | 382,292 | 276,369 | 270,755 | 5,614 | ||
Seine-Maritime | 208,546 | 388,712 | 841,738 | 609,469 | 597,258 | 12,211 | ||
Cher | 60,935 | 92,927 | 226,259 | 158,261 | 153,862 | 4,399 | ||
Eure-et-Loir | 82,338 | 111,075 | 279,243 | 198,386 | 193,413 | 4,973 | ||
Indre | 44,871 | 77,338 | 174,877 | 126,492 | 122,209 | 4,283 | ||
Indre-et-Loire | 123,389 | 146,707 | 378,397 | 276,931 | 270,096 | 6,835 | ||
Loir-et-Cher | 67,721 | 97,425 | 232,895 | 169,794 | 165,146 | 4,648 | ||
Loiret | 133,025 | 153,360 | 412,617 | 294,019 | 286,385 | 7,634 | ||
Calvados | 142,966 | 180,191 | 459,573 | 330,020 | 323,157 | 6,863 | ||
Manche | 114,958 | 136,363 | 359,667 | 257,898 | 251,321 | 6,577 | ||
Orne | 66,478 | 82,947 | 211,837 | 153,240 | 149,425 | 3,815 | ||
Côte-d'Or | 107,202 | 125,347 | 331,637 | 237,934 | 232,549 | 5,385 | ||
Nièvre | 41,764 | 72,635 | 166,883 | 117,365 | 114,399 | 2,966 | ||
Saône-et-Loire | 107,843 | 157,135 | 397,394 | 273,830 | 264,978 | 8,852 | ||
Yonne | 64,037 | 97,586 | 236,494 | 165,341 | 161,623 | 3,718 | ||
Nord | 437,285 | 711,580 | 1,725,296 | 1,174,968 | 1,148,865 | 26,103 | ||
Pas-de-Calais | 224,109 | 510,509 | 1,055,794 | 752,109 | 734,618 | 17,491 | ||
Meurthe-et-Moselle | 138,272 | 180,239 | 473,008 | 324,790 | 318,511 | 6,279 | ||
Meuse | 39,618 | 56,103 | 137,901 | 97,943 | 95,721 | 2,222 | ||
Moselle | 209,035 | 253,176 | 721,154 | 472,035 | 462,211 | 9,824 | ||
Vosges | 80,147 | 115,518 | 283,696 | 201,251 | 195,665 | 5,586 | ||
Bas-Rhin | 256,189 | 200,433 | 687,298 | 469,067 | 456,622 | 12,445 | ||
Haut-Rhin | 162,079 | 163,923 | 489,991 | 334,895 | 326,002 | 8,893 | ||
Doubs | 110,011 | 128,414 | 337,752 | 244,753 | 238,425 | 6,328 | ||
Jura | 54,899 | 74,398 | 180,881 | 133,094 | 129,297 | 3,797 | ||
Haute-Saône | 46,099 | 79,224 | 175,160 | 129,050 | 125,323 | 3,727 | ||
Territoire de Belfort | 23,690 | 39,529 | 89,511 | 64,780 | 63,219 | 1,561 | ||
Loire-Atlantique | 305,127 | 291,722 | 844,344 | 614,434 | 596,849 | 17,585 | ||
Maine-et-Loire | 192,037 | 170,367 | 518,825 | 375,170 | 362,404 | 12,766 | ||
Mayenne | 77,285 | 70,285 | 214,687 | 153,542 | 147,570 | 5,972 | ||
Sarthe | 113,383 | 152,878 | 387,989 | 274,574 | 266,261 | 8,313 | ||
Vendée | 154,034 | 152,786 | 441,749 | 318,454 | 306,820 | 11,634 | ||
Côtes-d'Armor | 146,445 | 166,991 | 430,720 | 321,966 | 313,436 | 8,530 | ||
Finistère | 232,396 | 222,193 | 640,668 | 466,318 | 454,589 | 11,729 | ||
Ille-et-Vilaine | 240,065 | 206,110 | 628,199 | 459,623 | 446,175 | 13,448 | ||
Morbihan | 183,367 | 178,653 | 509,176 | 372,215 | 362,020 | 10,195 | ||
Charente | 71,631 | 104,108 | 253,451 | 180,984 | 175,739 | 5,245 | ||
Charente Maritime | 130,573 | 163,652 | 426,181 | 302,580 | 294,225 | 8,355 | ||
Deux-Sèvres | 88,433 | 93,253 | 261,766 | 188,900 | 181,686 | 7,214 | ||
Vienne | 91,453 | 112,596 | 288,959 | 210,732 | 204,049 | 6,683 | ||
Dordogne | 83,512 | 138,347 | 300,288 | 229,019 | 221,859 | 7,160 | ||
Gironde | 276,219 | 355,495 | 886,995 | 646,377 | 631,714 | 14,663 | ||
Landes | 79,132 | 110,917 | 265,975 | 195,935 | 190,049 | 5,886 | ||
Lot-et-Garonne | 62,741 | 102,203 | 230,573 | 170,316 | 164,944 | 5,372 | ||
Pyrénées-Atlantiques | 154,086 | 167,831 | 460,580 | 331,988 | 321,917 | 10,071 | ||
Ariège | 28,435 | 49,949 | 109,384 | 80,924 | 78,384 | 2,540 | ||
Aveyron | 71,743 | 82,493 | 213,821 | 160,990 | 154,236 | 6,754 | ||
Haute-Garonne | 240,661 | 281,408 | 733,866 | 536,274 | 522,069 | 14,205 | ||
Gers | 40,949 | 57,502 | 136,301 | 102,328 | 98,451 | 3,877 | ||
Lot | 38,559 | 57,282 | 128,313 | 99,107 | 95,841 | 3,266 | ||
Hautes-Pyrénées | 47,671 | 74,636 | 170,504 | 125,951 | 122,307 | 3,644 | ||
Tarn | 78,028 | 113,268 | 264,190 | 199,171 | 191,296 | 7,875 | ||
Tarn-et-Garonne | 42,784 | 69,233 | 156,426 | 115,806 | 112,017 | 3,789 | ||
Corrèze | 57,351 | 75,804 | 183,650 | 137,807 | 133,155 | 4,652 | ||
Creuse | 25,433 | 41,386 | 99,706 | 69,361 | 66,819 | 2,542 | ||
Haute-Vienne | 74,573 | 111,589 | 259,304 | 193,223 | 186,162 | 7,061 | ||
Ain | 110,194 | 123,377 | 346,686 | 239,628 | 233,571 | 6,057 | ||
Ardèche | 64,249 | 96,376 | 224,529 | 165,306 | 160,625 | 4,681 | ||
Drôme | 93,060 | 129,696 | 318,483 | 228,801 | 222,756 | 6,045 | ||
Isère | 232,316 | 268,107 | 730,733 | 512,671 | 500,423 | 12,248 | ||
Loire | 141,887 | 179,386 | 485,077 | 331,063 | 321,273 | 9,790 | ||
Rhône | 349,663 | 295,735 | 945,746 | 659,433 | 645,398 | 14,035 | ||
Savoie | 90,331 | 95,412 | 271,196 | 190,416 | 185,743 | 4,673 | ||
Haute-Savoie | 159,529 | 136,243 | 437,412 | 303,109 | 295,772 | 7,337 | ||
Allier | 68,600 | 103,813 | 253,647 | 177,961 | 172,413 | 5,548 | ||
Cantal | 38,999 | 43,203 | 121,975 | 84,994 | 82,202 | 2,792 | ||
Haute-Loire | 49,998 | 68,759 | 168,088 | 123,232 | 118,757 | 4,475 | ||
Puy-de-Dôme | 129,582 | 173,932 | 428,309 | 312,453 | 303,514 | 8,939 | ||
Aude | 60,912 | 111,233 | 241,648 | 176,805 | 172,145 | 4,660 | ||
Gard | 116,669 | 208,200 | 455,217 | 332,051 | 324,869 | 7,182 | ||
Hérault | 181,531 | 273,892 | 654,395 | 469,442 | 455,423 | 14,019 | ||
Lozère | 19,409 | 22,572 | 58,972 | 43,435 | 41,981 | 1,454 | ||
Pyrénées-Orientales | 72,704 | 132,256 | 294,226 | 209,578 | 204,960 | 4,618 | ||
Alpes-de Haute-Provence | 32,072 | 48,647 | 112,632 | 82,961 | 80,719 | 2,242 | ||
Haute Alpes | 30,536 | 38,666 | 97,823 | 71,236 | 69,202 | 2,034 | ||
Alpes-Maritimes | 208,426 | 230,818 | 668,088 | 447,793 | 439,244 | 8,549 | ||
Bouches-du-Rôhne | 308,040 | 498,413 | 1,179,550 | 820,994 | 806,453 | 14,541 | ||
Var | 189,811 | 257,183 | 666,146 | 455,280 | 446,994 | 8,286 | ||
Vaucluse | 91,639 | 154,004 | 350,503 | 251,325 | 245,643 | 5,682 | ||
Corse-du-Sud | 20,526 | 29,183 | 88,646 | 50,399 | 49,709 | 690 | ||
Haute-Corse | 25,072 | 33,181 | 106,296 | 59,023 | 58,253 | 770 | ||
Guadeloupe | 33,779 | 23,863 | 289,443 | 64,292 | 57,642 | 6,650 | ||
Martinique | 48,179 | 21,620 | 272,339 | 77,252 | 69,799 | 7,453 | ||
French Guiana | 6,850 | 4,541 | 54,762 | 12,655 | 11,391 | 1,264 | ||
Réunion | 95,298 | 142,871 | 471,155 | 252,641 | 238,169 | 14,472 | ||
Sainte Pierre and Miquelon | 1,139 | 678 | 4,805 | 1,879 | 1,817 | 62 | ||
Mayotte | 17,585 | 2,754 | 55,904 | 21,052 | 20,339 | 713 | ||
Wallis and Futuna | 4,772 | 550 | 10,385 | 5,367 | 5,322 | 45 | ||
French Polynesia | 30,649 | 11,404 | 157,044 | 42,749 | 42,053 | 696 | ||
New Caledonia | 35,948 | 9,691 | 135,217 | 46,988 | 45,639 | 1,349 | ||
Source: European Election Database |
This article needs to be updated. (June 2008) |
The possible consequences of a "No" vote were highly debated in France before the referendum. Proponents of the Constitution, including Jacques Chirac, claimed that France's standing in Europe had been considerably weakened.
Pro-EU campaigners for a "No" vote (as opposed to those opposing the EU altogether) argue that the Constitution will be renegotiated. "No" vote campaigners, particularly the prominent socialist Laurent Fabius, have labelled this option Plan B. Campaigners for a "Yes" vote have stated that there would be no such Plan B and that the 'European project' could be brought to a standstill for at least ten years.
Practically the perspective of a renegotiation quickly appeared illusory after the result of the referendum. First, the challenge of a renegotiation was made all the greater by the diversity of reasons for the rejection of the treaty.
Prime Minister Jean-Pierre Raffarin was quickly replaced by Dominique de Villepin. UMP leader Nicolas Sarkozy returned to cabinet as Minister of the Interior.
Although this rejection and the similar vote in the Dutch referendum seriously damaged the Constitution, subsequent EU Presidency holders have vowed to keep it going.
Sarkozy was elected President of the French Republic in May 2007. Amongst his pledges was a re-negotiation and ratification of a mini-treaty without a referendum. Eventually, the new version of the text, the Lisbon Treaty, was voted by the Parliament.
On the internal political scene, the success of the referendum did not have the expected effect on the political landscape. Begrudged by the members of the Socialist Party for his divisive role, Laurent Fabius lost the race to the presidential primaries for the 2007 elections, finishing third (18.66%) behind Segolene Royal (60.65%) and Dominique Strauss-Kahn (20.83%). The proponents of the Yes eventually got the upper hand in the party, and the lasting division of the far left prevented the apparition of a strong opposition force on left of the Socialist Party by the proponents of the No. On the right of the political spectrum, the far right did not benefit from the success of the No and suffered, for the first time in 15 years a strong decline in the 2007 elections.
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The Polish referendum on the Treaty establishing a Constitution for Europe was a referendum expected to be held on in October 2005 to decide whether Poland should ratify the proposed Constitution of the European Union. After the rejection of the constitution by France and the Netherlands the referendum was cancelled.
The Danish referendum on the Treaty establishing a Constitution for Europe was a planned referendum to be held on 27 September 2005, that would have put the proposed Constitution to the voters of Denmark for ratification. However, after voters voted down the Constitution in both the French and Dutch referendums before the Danish vote could take place, Danish prime minister Anders Fogh Rasmussen indicated that the referendum would be cancelled. On April 24, 2008 the Danish parliament ratified the Treaty's successor, the Treaty of Lisbon without a referendum.
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